Passport, birth certificate no proof of Indian citizenship: Bombay HC

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Mumbai, Sept 4: For those who are born after July 1, 1987, claiming Indian citizenship is not that easy!

Yes, even if you have important documents like passport, birth certificate and Aadhar Card, then also, you may not be able to prove that you are an Indian citizen if you are born after July 1, 1987.

According to citizenship laws, if you are born after the above-mentioned date, you cannot have an automatic Indian citizenship unless one of your parent is an Indian.

The law also states that you are an 'Indian by birth' if you are born on or after January 26, 1950, but before July 1, 1987.

The decision came on Tuesday when the Bombay High Court charged four people as 'illegal immigrants', even though, they had produced their passports, birth certificates and Aadhar Cards.

Justice K U Chandiwal dismissing their pleas by saying, "The birth certificate of one of the applicants will not (suffice) as under the law it is imperative for such applicant to establish that his parents were Indian nationals. There is no such proof adduced."

The court upheld a trial court's order by awarding all four with a jail term of six months for illegally entering India. The court also rejected a plea to revert the matter to the trial court so that they could submit identity proof.

The HC also dismissed the applications, saying the law "categorically illustrates the person who can be accepted to be an Indian citizen''.

For those who are born on or after December 3, 2004 in India, they can claim citizenship by birth only if "both parents are Indians", or if one parent is a citizen and the other is not an illegal immigrant at the time of birth.

The additional public prosecutor Swapnil Pednekar, who opposed the applications that challenged the trial court order said, "A birth certificate may show that a person was born in India, and other documents may show that they have lived in India. But the law does not recognize that as proof of citizenship."

The court awarded them jail term of six months for illegally entering India.

The prosecution said the accused were Bangladeshis who had entered India illegally.

The accused's lawyer claimed that they had passports which showed they were Indians and were in possession of Aadhaar cards and birth certificates which showed they were citizens by birth. They urged the court to quash the trial court's order.

OneIndia News

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